Statute of Limitations Changed
am 15.10.2004 von http://www.recht.us/amlawCK - Washington. Statutory changes that occurred in 2002 will soon affect the statute of limitations to various claims which used to benefit from rules granting a 30-year period. The Berlin Department of Justice published a general reminder which notes several changes. Generally, under German civil law, the statute of limitations runs through the end of the calendar year. For instance a claim subject to a two year statute of limitations that arises on February 1, 2002 can be raised through December 31, 2004, and not only through January 31, 2004. Under the new rules, claims for the delivery of goods are no longer covered by the 30 year term but are now subject to a shorter two year …
Gettings CLaims Filed in Time
German American Law Journal :: American Edition / CK - Washington. The enormous changes in the German laws affecting the statutes of limitations continue--some with urgent effect. Just yesterday, a new statute was published in the federal gazette, Bundesgesetzblatt, that contains numerous ch…
Collecting Debt: Tight Limits
German American Law Journal :: American Edition / CK - Washington. New rules on the terms of the statute of limitations cut short the terms for collecting on old debts. For instance, the 30-year term governing the expiration of claims under old law--if those debts existed at the end of 2001-…
Bad Luck for Investors
German American Law Journal :: American Edition / TS - Washington. Since 2004, the prosecutors of Bavaria, the largest state of Germany, have closed several criminal investigations of investment fraud on the basis of the statute of limitations contained within the Bavarian press statute, Art.…
Google for translators/Google für Übersetzer
Transblawg / Thank goodness for the asterisk search in Google: den Vollzug eines Gesetzes aussetzen Search: suspend the * of a statute Results: operation provisions running (of a statute of limitations) application invalidity tolling (of a statute of li…
Tolling Statute
German American Law Journal :: American Edition / CK - Washington. Today, the cabinet in Berlin agreed to amend the tolling statute for criminal prosecutions. Currently, the statute is not tolled if a defendant moves abroad, even as the prosecution pursues extradition measures. As revised,…
Expiring Claims and Other Changes
German American Law Journal :: American Edition / CK - Washington. The rush to German court houses continues: The need to file claims before the beginning of the New Year is more pressing than ever. The changes affecting the statutory rules on the statutes of limitations are far-reaching, a…
Torts and Arbitration
German American Law Journal :: American Edition / CK - Washington. An American arbitration clause provided by contract for retail securities transactions does not cover tort claims arising under the German statute for investor protection, the Düsseldorf appellate court decided on Decemb…
2004 Accomplishments
German American Law Journal :: American Edition / CK - Washington. The German statute providing for the European corporation became effective today. A Justice Department press release summarizes the benefits of the so-called Societas Europaea. In another press release, Attorney General Brigit…
Possession Vests in Heir
German American Law Journal :: American Edition / CK - Washington. Johanna Knapp published at recht-in.de a useful overview of the civil code rules that apply to possessory rights of an heir after an inheritance. Generally, under German law, an heir steps into the shoes of the decedent. Unlik…
Enforcing Mediation Pacts
German American Law Journal :: American Edition / CK - Washington. By 2009, agreements concluded in mediation for the resultion of disputes will enjoy cross-border recognition and enforcement in the European Union, German attorney general Brigitte Zypries stated on November 9, 2007. A crucia…
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